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Violation Detail

Standard Cited: 19100028 B01 I Duty to have fall protection and falling object protection.

Inspection Nr: 1240932.015

Citation: 01001

Citation Type: Repeat

Abatement Status: Abatement Completed

Initial Penalty: $126,749.00

Current Penalty: $63,374.50

Issuance Date: 08/21/2017

Nr Instances: 1

Nr Exposed: 1

Abatement Date: 06/22/2018

Gravity: 10

Report ID: 0134000

Contest Date: 09/13/2017

Final Order: 07/06/2018

Related Event Code (REC): R

Emphasis:


Penalty and Failure to Abate Event History
Type Latest Event Event Date Penalty Abatement Due Date Citation Type Failure to Abate Inspection
Penalty F: Formal Settlement 07/06/2018 $63,374.50 06/22/2018 Repeat  
Penalty C: Contested 09/13/2017 $126,749.00 10/06/2017 Repeat  
Penalty Z: Issued 08/21/2017 $126,749.00 10/06/2017 Repeat  

Text For Citation: 01 Item/Group: 001 Hazard:

29 CFR 1910.28(b)(1)(i): Except as provided elsewhere in this section, the employer did not ensure that each employee on a walking-working surface with an unprotected side or edge that is 4 feet (1.2 m) or more above a lower level was protected from falling by one or more of the following: Guardrail systems, safety net systems or personal fall protection systems such as personal fall arrest, travel restraint or positioning systems. In the alternative: 29 CFR 1910.28(b)(1)(ii): When the employer can demonstrate that it is not feasible or creates a greater hazard to use guardrail, safety net, or personal fall protection systems on residential roofs, the employer must develop and implement a fall protection plan that meets the requirements of 29 CFR 1926.502(k) and training that meets the requirements of 29 CFR 1926.503(a) and (c). (a) Location - Roof of 654 Main Street, Malden, MA: On or about 6/7/17, employees performing gutter cleaning on a roof greater than 20 feet high were not protected from falling. The Ned Stevens company was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.132(a) or Section 5(a)(1) of the OSH Act, which was contained in OSHA inspection number 942560, citation number 1, item number 1 and was affirmed as a final order on 2/5/2015, with respect to a workplace located at 492 Burton Avenue, Hasbrouck Heights, NJ. The Ned Stevens company was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.132(a) or Section 5(a)(1) of the OSH Act, which was contained in OSHA inspection number 950211, citation number 1, item number 2 and was affirmed as a final order on 2/5/2015, with respect to a workplace located at 133 Riverview Avenue, North Arlington, NJ. The Ned Stevens company was previously cited for a violation of this occupational safety and health standard or its equivalent standard 1910.132(a) or Section 5(a)(1) of the OSH Act, which was contained in OSHA inspection number 951897, citation number 1, item number 2 and was affirmed as a final order on 2/5/2015, with respect to a workplace located at 14 Grecian Street, Parsippany, NJ.

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